Court No. - 1
Case :- APPLICATION U/S 482 No. - 24936 of 2018 Applicant :- Shri Mohan Murari Opposite Party :- State Of U.P. And 3 Ors Counsel for Applicant :- Arvind Agrawal Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Arvind Agrawal, learned counsel for the applicant and Sri G.P. Singh, learned AGA for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the order dated 29.05.2018 passed by Additional Chief Judicial Magistrate, Court No.3, Mathura, in Criminal Case No. 3008 of 2015 (State vs Kanhaiya Lal and others) under Sections 323, 325, 504, 506 IPC, PS. Kotwali, District Mathura pending in the Court of A.C.J.M., Mathura.
It has been argued by learned counsel for the applicant that applicant is the informant of the case and opposite party nos.2 to 4 are facing trial and accused opposite party no.2, who is an accused in the present case and also a practising Advocate in Mathura has been causing hindrance in smooth running of the trial. Even when the trial was expedited by this court, the same has not been concluded till date and it is stated that since 2008 only PW-3 has been examined and before the new Magistrate who has taken over the charge of the court where the matter is pending, accused opposite party no.3 moved an application for recalling PW-1 and PW2 for cross-examination and the Magistrate has allowed the same. He has tried to demonstrate in the order that it was under the influence of opposite party no.2, that the said order was passed. It has been stated that opposite party no. 2 has also been punished in contempt by this court.
Considering the facts and circumstances of the case, trial court is directed to ensure that the cross examination of PW-1 & PW-2 shall be concluded on the next date fixed positively unless there is some unavoidable circumstances, the matter be posted for next date failing which, the trial Court shall proceed with the trial.
In view of the above observations, the present application is disposed of.
Order Date :- 25.7.2018/Madhurima